Elder Justice Act of 2007

In 2007, Congress is again considering federal legislation called the Elder Justice Act. It will provide states with resources to prevent elder abuse, increase prosecution of those who mistreat the elderly and provide victim assistance. It will also improve long-term care and support for senior citizens dubbed "at risk." For more about the Elder Justice Act, you can visit Elder Justice Coalition.

As Governor Daley of Illinois said when the Elder Justice was last considered in 2005, ""It's time for the federal government to catch up with all the states. There's no federal law that addresses elder abuse in a comprehensive fashion."

2007 Elder Justice Act

Text of the Elder Justice Act - S.1070 and H.R. 1783. The Elder Justice Coalition site has a summary of the 2007 Elder Justice Act.

This is a Summary of the Previous Elder Justice Act introduced in 2005:

Elder Justice Act (S.2010) - Amends the Social Security Act (SSA) to add a new title XXII (Elder Justice) to establish:

• within the Department of Health and Human Services (HHS) an Office of Elder Justice (OEJ);
• within the Office of the Secretary the Elder Justice Coordinating Council to make recommendations to the Secretary and the Attorney General for the coordination of activities of HHS, the Department of Justice, and other relevant federal, state, local, and private agencies and entities, relating to elder abuse, neglect, and exploitation and other crimes against elders; and
• the Advisory Board on Elder Abuse, Neglect, and Exploitation.

The Elder Justice Act provides for uniform collection, maintenance, and dissemination of national data relating to elder abuse, neglect, and exploitation, including an Elder Justice Resource Center in the Office of Elder Justice (OEJ).

The Act funds the initiatives by authorizing the HHS Secretary to award grants for the following:

(1) prevention of elder abuse, neglect, and exploitation;

(2) five Centers of Excellence nationwide specializing in research, clinical practice, and training relating to elder abuse, neglect, and exploitation;

(3) six diverse communities to examine various types of elder shelters and test various models for establishing safe havens;

(4) nonprofit organizations and faith-based organizations to establish or continue volunteer programs focusing on the issues of elder abuse, neglect, and exploitation, or providing related services; and

(5) various multidisciplinary elder justice activities.

The Office of Elder Justice will be established within the Department of Justice. The Act authorizes the Attorney General to award: (1) victim advocacy grants; and (2) grants for specified support to local and state prosecutors handling elder justice-related cases.

Intended to protect the elderly in long term care and others considered "at risk", the Elder Justice Act provides for:

(1) reporting to law enforcement of crimes occurring in federally-funded long-term care facilities;

(2) revising the quality of long-term care; and

(3) increasing consumer information about long-term care, including an HHS long-term care consumer clearinghouse.

The Act amends: (1) the Older Americans Act of 1965 with respect to the long-term care ombudsman program; (2) part A (General Provisions) of SSA title XI to establish an adult protective services grant program; (3) SSA titles XVIII (Medicare) and XIX (Medicaid) to assure safety of residents when nursing facilities close; and (4) part E (Miscellaneous) to apply skilled nursing facility preventive abuse requirements to long-term care facilities and providers.

In 2003, there was another attempt to pass "The Elder Justice Act" in Congress but that effort stalled.

In introducing The Elder Justice Act (S. 2010) to Congress, Sen. Hatch stated, "Few pressing social issues have been as systematically ignored as elder abuse. In fact, 25 years of congressional hearings on the devastating effects of elder abuse have found this problem to be a 'disgrace' and a 'burgeoning national scandal.' Yet, to date, no federal legislation has been enacted to address elder abuse in a comprehensive manner."

An estimated 500,000 to 5 million seniors in our country are abused, neglected, or exploited, according to estimated from the Department of Health and Human Services. Sadly, most cases of elder abuse go unreported. It is not even possible to accurately estimate the actual number of seniors affected.

Brought to you as a service of The Elderlaw Firm, Greensboro NC. This website is not intended to provide legal services.